RITA KUMARI Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER-APPELLANT herein was serving Kendriya Vidayalaya sangthan, Jammu as a teacher, while supplying temporary vacancies from time to time, for a considerable period of time. Ultimately, on 19th September, 1997, she was appointed as a directly recruited teacher by Kendriya Vidyalaya Sangthan, Jammu and, accordingly, in terms of the rules, had to undergo probation for a period of two years, which was extendable by one more year.

(2.) SINE the petitioner-appellant joined the post on 24th September, 1997, her initial period of probation for two years was up to 23rd september, 1999. By an order dated 17th September, 1997, her period of probation was extended for another one year, i. e. , up to 23rd september, 2000, holding out that the work and conduct of the petitioner-appellant was not found satisfactory during the period of probation.

(3.) THEREAFTER, when the extended period of probation of the petitioner-appellant was continuing, by an order dated 30th June, 2000, her appointment was terminated with effect from 3rd July, 2000, contending that on the basis of her work and conduct report, probation of the petitioner-appellant was extended for a period of one year up to 23rd September 2000 and during the extended period she was kept under close observation but inspite of repeated instructions, the petitioner-appellant did not show any improvement. This order dated 30th June, 2000 led to the filing of the writ petition whereby and under it was contended, among others, that the performance of the petitioner-appellant during the initial period of probation was excellent and there was no just reason for extending such probation. The other contention was that the petitioner-appellant is a victim of suspected allegiance with one Assistant Commissioner of Kenderiya Vidayalaya Sangthan, Jammu in between whom and the respondent no. 2 there was an internal rivalry.